Legal Opinion

Maus v. Maus

Supreme Court of Pennsylvania

Decided July 15, 1840PublishedCited by 4 opinions

ERROR to the common pleas of Northumberland county. Lewis Maus issued a scire facias to revive a judgment against Wm Montgomery, administrator of Philip Maus, deceased, with notice to Joseph Maus, Lewis Maus, Elizabeth Maus, and Philip Strawbridge; each defendant pleaded separately to issue, and a verdict was rendered for the plaintiff for 370 dollars 91 cents, to be levied of the land of Elizabeth Maus, and the jury found for the defendants Joseph Mans and Philip…

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ERROR to the common pleas of Northumberland county. Lewis Maus issued a scire facias to revive a judgment against Wm Montgomery, administrator of Philip Maus, deceased, with notice to Joseph Maus, Lewis Maus, Elizabeth Maus, and Philip Strawbridge; each defendant pleaded separately to issue, and a verdict was rendered for the plaintiff for 370 dollars 91 cents, to be levied of the land of Elizabeth Maus, and the jury found for the defendants Joseph Mans and Philip Strawbridge. Whereupon a judgment was rendered. On motion the court allowed the bills of costs of the defendants Joseph Maus and…

1Opinion of the Court

The opinion of the court was delivered by

Kennedy, J.

This was a scire facias post annum et diem, sued out upon a judgment at the suit of Lewis Maus against William Montgomery, administrator of Philip Maus, deceased, with notice to Joseph Maus, Elizabeth Maus and Philip Strawbridge, as terre-tenants. The administrator pleaded payment, with leave, &c. The terre-tenants severally pleaded specially; — first, that the several tracts of land, occupied and possessed by them, were not bound by the judgment; because, at the time of its rendition, the said several tracts of land, were severally and…

2Cases cited1 opinion

  1. Maus v. MausSupreme Court of Pennsylvania · 1836

3Cited by4 opinions

  1. Steele v. LinebergerSupreme Court of Pennsylvania · 1872
  2. Ford v. NeelySuperior Court of Pennsylvania · 1915
  3. Durgin v. LeightonMassachusetts Supreme Judicial Court · 1813
  4. In re Shick's Bill of Costs, Pennsylvania Court of Common Pleas, Dauphin County1868

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